Federal court rules that federal law does not require a State to disregard a transfer of a life estates by a Medicaid applicant to a disabled veteran. Pike ex rel. Estate of Pike v. Sebelius (D. R.I., No. CA 13-392 S, July 16, 2015). The late mother of plaintiff F. Norris Pike transferred of two life.. read more →
After advocates criticized the Social Security Administration (SSA) for refusing to allow court-established Special Needs Trust to qualify as exempt resources for Supplemental Security Income (SSI) purposes, the SSA has issued an Administrative Message, AM-15032, clarifying its policy regarding these trusts. The Administrative Message explains that the rejection of court-established Special Needs Trust is appropriate.. read more →
In the C.C. v. Division of Medical Assistance and Health Services case, plaintiff filed an application for nursing home Medicaid benefits which was denied by the Ocean County Board of Social Services. The agency imposed a penalty, or a period of ineligibility, on her application. That is, the agency found that plaintiff sold her residence during.. read more →
Top 10 New Jersey Elder Law and Special Needs Planning Cases Decided in 2014
The 17th Annual Elder Law Retreat, presented by the New Jersey State Bar Association Elder and Disability Law Section, was held on April 21 – 23, 2015 in Philadelphia, PA. At least two significant events occurred at the Retreat this year. First, I was presented with a Lifetime Achievement Award, recognizing my “advocacy in elder and.. read more →
The Achieving a Better Life Experience (ABLE) Act became law on December 19, 2014. The new law creates an option for people with disabilities and their families to save for the future, while protecting eligibility for public benefits, without creating a special needs trust or similar estate planning instrument. What is an ABLE Account? .. read more →
Here are checks from the State of New Jersey issued to plaintiffs’ counsel as a result of the award of attorneys fees granted by the federal court in the Galletta v. Velez class action lawsuit:: As I reported in an earlier blog post, earlier this month a Consent Order was filed in federal district court in New.. read more →
Under federal and state regulations, the State of California must make an eligibility determination within 45 days after a Medicaid application is filed. Unfortunately, California often fails to meet the 45 day deadline. However, a recent ruling by a state court ends the processing delay by compelling California to meet the timeline established by Medicaid.. read more →
In February 2015, a Consent Order was filed in New Jersey federal district court, concluding a hard-fought class action lawsuit. In the Order, the State of New Jersey agreed to amend its Medicaid program on a State-Wide basis to exclude pension benefits paid by the Department of Veterans Affairs (VA) when determining an applicant’s eligibility for.. read more →
A New York trial court ruled that residents of a continuing care retirement community (CCRC) breached their contract when they applied for Medicaid before spending down their assets. Good Shepherd Villages v. Yezzi (NY Slip Op 51900 – NY: Supreme Court, Broome 2014). Peter and Hazel Yezzi signed a contract with Good Shepard Village (the “Good.. read more →
Two years ago, in 2013, a federal judge in New Jersey granted a preliminary injunction to Elizabeth Flamini, a Medicaid applicant who successfully sued for an injunction preventing the State of New Jersey from counting an annuity owned by Mrs. Flamini’s husband Angelo as an available resource in determining Medicaid eligibility. Flamini v. Velez ,.. read more →
Florida’s Supreme Court ruled that non-lawyers who engage in various Medicaid planning activities are engaging in the unlicensed practice of law. The Florida Bar Re: Advisory Opinion — Medicaid Planning Activities by Nonlawyers (Fla., No. SC14-211, Jan. 15, 2015). The Elder Law Section of the Florida State Bar asked the Florida Bar Association to consider whether.. read more →
An Administrative Law Judge found a Medicaid applicant eligible for benefits even though the applicant was impoverished because her spouse gambled away a substantial inheritance. M.Y v. Union County Board of Social Services M.Y., a 96 year old woman, suffered from dementia, could not care for her own needs, and was destitute. She was admitted.. read more →
To be eligible for Medicaid, applicants must meet two requirements: financial requirements and medical requirements. I’ve posted many articles on this blog over the years discussing the financial requirements of the Medicaid program in New Jersey, and offering various strategies to accelerate financial eligibility for the program. However, I have surprising few posts discussing Medicaid’s.. read more →
By notice contained in Medicaid Communication 14 – 15 issued on December 19, 2014, the State of New Jersey formally announced the official end of the Medicaid Medically-Needy program. Medically-Needy Medicaid no longer accepted applications after November 30, 2014. Beginning on December 1, 2014, individuals seeking Medicaid to pay nursing home costs as well as home.. read more →
Plaintiff, D.W., is a 48 year-old woman with Down’s Syndrome and the mental capacity of a 4-year-old. She requires care 24 hours per day, 7 days per week. She resides with her sister who works full-time. D.W. participates in the Personal Preference Program (PPP) administered by the Division of Medical Assistance and Health Services (DMAHS)… read more →
On December 12, 2014, Congress passed the National Defense Authorization Act of 2015 (NDAA). Among other provisions in the NDAA, Section 624 protects the disabled children of military families by allowing their parents’ survivor benefits to go into a special needs trust. This new law permits a disabled child to benefit from a parent’s military.. read more →
Supplemental Security Income (SSI): Effective 1-1-15 SSI Federal Benefit Rate SSI Resource Maximum For an Individual – $733.00 2,000.00 For a Couple – $1,100.00 3,000.00 New Jersey State Supplement: New Jersey supplements the federal benefit rate with additional money. The payment received by SSI recipients each month includes.. read more →
Reversing a trial court, an appeals court ruled that a beneficiary’s Social Security benefits, though deposited each month into a special needs trust, were correctly counted as income by Louisiana’s Medicaid agency. Moore v. Louisiana Dept. of Health and Hospitals (La.App.Ct.1st Cir., No. 2014CA0422, Nov. 7, 2014). Jess Moore, a disabled resident of Louisiana, lived in.. read more →
What is SSI? SSI, or Supplemental Security Income, is a federal program that provides monthly cash payments to people who are aged (65 or older), as well as for blind or disabled people of any age, including children. To qualify, an applicant must have little or no income and few resources. 2015 Cost-of-Living Increase The.. read more →
New Jersey Medicaid may not count IRAs, 401(k) and pension plans owned by the spouse of an applicant in determining eligibility if funds may be withdrawn only by borrowing against the retirement assets. Avery v. Union County Division of Social Services Rose Avery admitted her husband, Friend Avery, to a nursing home in July 1997. After.. read more →
As discussed in a prior blog post, a major overhaul of Medicaid will be introduced in New Jersey in the coming months. The new Medicaid program is called Managed Long Term Services and Supports (MLTSS). The MLTSS implementation date has been repeatedly adjourned, and the next date scheduled to put the new program into effect.. read more →
An issue concerning the payment of college tuition arose in a recent case that may be of interest to readers of this blog. In this case, the mother, who is my client, adopted two children later in life. Both children are now attending college. In the past few years, the mother has been paying college.. read more →
An appeal of a claim for Medicaid benefits that was filed late may be considered when the applicant shows that the filing deadline should be extended due to “extraordinary and extenuating circumstances.” Reuter v. Division of Medical Assistance and Health Services, Docket No. A-0514-13T2 (App. Div., October 17, 2014) Plaintiff, Greta Reuter, a nursing home.. read more →
New Jersey’s Qualified Income Trust Template For many years, Medicaid programs available to elderly and disabled New Jersey residents to help pay for long-term care costs have been quite limited. The Medicaid-Only Medicaid program pays the care costs of nursing home residents. A companion program, Global Options for Long-Term Care, pays care costs for residents.. read more →
Appearing Above, Left to Right: NAELA Board member Ron Landsman, Esq., CAP, who filed a brief for the Special Needs Alliance and argued the cause before the Court; NAELA member Donald Vanarelli, CELA, CAP, who represented Mr. Saccone and argued before the Court; and NAELA members Robert F. Brogan, CELA, CAP, and Dan Jurkovic, CELA,.. read more →
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